And In further Legal News … was posted five years ago today. I believe the motion it contains led to the ruling that essentially gutted any chance that Brett Kimberlin should ever be able to file another viable defamation LOLsuit.
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Here is the motion to dismiss the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit filed on behalf of Michelle Malkin and Twitchy.
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One of the defenses that I had raised against the defamation claim in The
Dread Deadbeat Pro-Se Kimberlin’s RICO Madness LOLsuit in federal court was this: Because his reputation was so poor as a result of his acts as a perjurer, drug dealer, serial bomber, etc., Kimberlin was defamation proof. That is, his reputation was already so bad that no truthful thing said about him could further damage his standing in the eyes of the public. When the judge in the federal case dismissed the federal claims in the RICO Madness case, he declined jurisdiction over the state claims (including defamation) and did not rule on them. Thus, there had been no ruling on the merits of my motion to dismiss because it was moot in the federal case.
When TDPK refiled the state claims in state court, the lawyers representing Michelle Malkin and Twitchy added my argument about Kimberlin being defamation proof to the defenses they raised. See paragraph 3 in their motion to dismiss and footnote 2 in their memorandum in support of the motion.
When the Malkin/Twitchy motion was heard by Judge Mason in state court, he granted it, adopting all of its reasoning. In doing so, he found that Kimberlin was defamation proof. When Aaron Walker filed his motion to dismiss, he pointed out the implication of the ruling on the Malkin/Twitch motion, and asked for dismissal for failure to state a claim because Kimberlin was defamation proof. Judge Mason granted the Walker motion, and in his order he more or less said that, yes, he meant to find Kimberlin defamation proof in the first instance and that he was doing it again.
IANAL, and I don’t know that this creates an air-tight defense against any defamation claim from Brett Kimberlin. He still might be able to be defamed by a lie. But it’s been over three years since he filed the RICO 3 LOLsuit, and we haven seen another since it was dismissed. Perhaps he’s come to understand the uphill battle he would have with another defamation case.